Policy Update: DHS Issues Noncitizen Registration Requirement

On January 20, 2025, President Trump issued an executive order titled "Protecting the American People Against Invasion," mandating the enforcement of existing noncitizen registration laws under Section 262 of the Immigration and Nationality Act (INA). This directive requires certain noncitizens residing in the United States to register with the federal government, starting February 25, 2025. This update provides detailed guidance on this requirement. 

According to INA, the following individuals are required to register:

• Noncitizens aged 14 and older who were not fingerprinted or registered when applying for a U.S. visa and who have remained in the United States for 30 days or longer. Registration must occur before the expiration of this 30-day period.

• Parents or legal guardians of noncitizens under 14 years of age who were not registered upon entry and have been in the United States for 30 days or longer. Registration on behalf of these minors must also occur within the 30-day timeframe.

• Noncitizens turning 14 years old who were previously registered. They are required to re-register and undergo fingerprinting within 30 days after their 14th birthday.

The following individuals are considered already registered: 

• Lawful permanent residents.

• Noncitizens paroled into the United States under INA 212(d)(5), even if the parole period has expired.

• Nonimmigrants admitted with Form I-94 or I-94W, regardless of whether the admission period has expired.

• Noncitizens issued immigrant or nonimmigrant visas prior to arrival.

• Individuals placed into removal proceedings by the Department of Homeland Security (DHS).

• Noncitizens granted employment authorization documents (EADs).

• Applicants for lawful permanent residence using specific forms, even if their applications were denied.

• Holders of Border Crossing Cards.

DHS is developing a new form and registration process. Noncitizens required to register should create a USCIS online account in preparation for the registration process. 

Failure to comply with these registration requirements may result in criminal and civil penalties, including misdemeanor prosecution and fines. When registration and biometrics are complete, noncitizens over 18 are legally obligated to carry proof of registration at all times. Further details will be provided as DHS releases additional guidance.